Terms of Service
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the EstateLock.com website (the “Site”) or any Estate Lock applications or application plug-ins (“Applications”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words “you” and “your” refer to each customer, Site visitor, or Application user; “we”, “us” and “our” refer to Estate Lock and “Services” refers to all services provided by us through our Site or Applications.
It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes.
Estate Lock is a Law Firm with Attorneys licensed in California which provides full scope legal services, unbundled legal services, and no legal representation access to DIY forms as follows:
Attorney Guided Estate Plan. In our Attorney Guided Estate Plans (“Attorney Guided Plan”), you will form a full attorney-client relationship with Estate Lock. In this level of service, we will review the created plan in depth with you, ensure the plan as built addresses all of your expressed goals as they relate to current law, suggest potential points of optimization as part of the review process, and coordinate notarization of your documents to ensure proper execution. Editing of documents by your attorney, within the bounds of the software options and topics, is included within this level of service. Highly dynamic wishes and advanced planning beyond the scope of our software application are not included with this level of service – you may upgrade to Full Service for fully customized plans either through Estate Lock or Estate Lock, Estate Planning Attorneys.
Ready-Made Estate Plans. In our Ready-Made Estate Plans (“Ready-Made Plan”), we provide an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Customers need not download or even license our software. We host our software as a backend service for customers when they create their own documents through this service. The Site includes general information on commonly encountered legal issues, but the general information is not legal advice – no software can give you individual legal advice, you must consult with a licensed attorney or utilize our higher tiers of service to receive actual legal advice. The Ready-Made Plan may include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Our Ready-Made Plans and their forms or templates are not a substitute for the advice or services of an attorney. The information that you are providing, and the forms that you are using are part of a library, do not constitute legal advice, and are only provided for general informational purposes. No attorney-client relationship is established by using our Ready-Made Plan, and you proceed at your own risk as to the effectiveness of your Ready-Made Plan. If you need legal advice, you should engage our firm in a level of service that includes an attorney client relationship and direct legal advice.
Estate Lock strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Estate Lock cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the software we provide can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should engage our firm in a level of service that includes an attorney client relationship and direct legal advice.
Deed Services. As part of any level of service you may elect for us to complete your Trust Transfer Deed for California Real Estate and file the deed with the County Recorder. This limited scope of representation will include a records search to find your most recent deed, preparation of a trust transfer deed and any required ancillary documents the County requires for recording, and recording the document with the County on your behalf. Deeds involving timeshare interests may be completed on a case by case basis.
Personalized Attorney Guidance. As part of any level of service you may elect to add in additional attorney guidance via a schedule Zoom call with our Attorneys. This limited scope of representation is only to review your Ready-Made Plan with you to ensure accuracy of information input into the software, to explain the dynamics of your plan and how the different parts of your plan work together, and to personally guide you on completion and funding of your plan. Minor corrections to spelling or other data entry may be made during the review, but large scale edits or updates to your plan are not included in this level of service – you may upgrade to a higher tier of service if necessary to complete your goals.
1. Ownership. This Site and Applications are owned and operated by Estate Lock. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by us. Except as otherwise expressly provided by us, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. We do not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by us. Any rights not expressly granted herein are reserved by Estate Lock.
2. Limited Permission to Download. Estate Lock hereby grants you permission to download, view, copy and print the Materials on any computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
3. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Estate Lock (each a “Third Party Site”). We work with a number of partners and affiliates whose sites are linked with ours. We may also provide links to other citations or resources with whom we are not affiliated. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. We make no guarantees about the content or quality of the products or services provided by such sites. We are not responsible for webcasting or any other form of transmission received from any Third Party Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Third Party Site, nor does it imply that we are sponsors, are affiliated or associated with, guarantees, or are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
4. License to Use.
Estate Lock grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
5. Resale of Forms Prohibited.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Estate Lock.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration conducted in San Diego, California, accordance with the rules of the American Arbitration Association then in effect. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
7. Additional Terms. Some Estate Lock Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
8. NO WARRANTY FOR READY-MADE PLANS. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AS IT RELATES TO READY-MADE PLANS AND TO THE FULLEST EXTENT PERMITTED BY LAW, ESTATE LOCK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ESTATE LOCK MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
9. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD ESTATE LOCK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ESTATE LOCK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ESTATE LOCK, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Compliance with Intellectual Property Laws. When accessing our site or using our applications, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Site user account.
11. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
12. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
13. Non-English-Speaking Customers. Certain materials on the Estate Lock site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.
14. Customers Needing Extra Assistance. Estate Lock aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Estate Lock website, or otherwise have difficulties using the Estate Lock website, please email support@EstateLock.com and our customer care team will assist you.
15. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
16. Inquiries. BY USING ESTATE LOCK’S SERVICES OR ACCESSING THE ESTATE LOCK SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER OR EMAIL TO ESTATE LOCK VIA THE ESTATE LOCK SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO ESTATE LOCK, AND THAT ESTATE LOCK MAY CONTACT YOU AT THE NUMBER OR EMAIL SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
17. Right to Refuse. You acknowledge that Estate Lock reserves the right to refuse service to anyone and to cancel user access at any time.
18. Acknowledgement. BY USING ESTATE LOCK’ SERVICES OR ACCESSING THE ESTATE LOCK SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Estate Lock
7220 Trade Street, Suite 115
San Diego, CA 92121
Updated: August 15, 2024
Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to www.EstateLock.com, and Estate Lock (“Estate Lock”) and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Estate Lock include www.EstateLock.com and any applications, sites, or social media accounts owned by Estate Lock. The www.EstateLock.com website is a legal services site. By using the Estate Lock website, you consent to the data practices described in this statement.
Collection of your Personal Information
In order to better provide you with products and services offered, Estate Lock may collect personally identifiable information, such as your:
– First and Last Name
– Mailing Address
– E-mail Address
– Phone Number
If you purchase Estate Lock’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Estate Lock collects and uses your personal information to operate and deliver the services you have requested.
Sharing Information with Third Parties
Estate Lock does not sell, rent or lease its customer lists to third parties.
Estate Lock may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Estate Lock, and they are required to maintain the confidentiality of your information.
Estate Lock may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Estate Lock or the site; (b) protect and defend the rights or property of Estate Lock; and/or (c) act under exigent circumstances to protect the personal safety of users of Estate Lock, or the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Estate Lock. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Estate Lock website.
Use of Cookies
The Estate Lock website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Estate Lock pages, or register with Estate Lock site or services, a cookie helps Estate Lock to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Estate Lock website, the information you previously provided can be retrieved, so you can easily use the Estate Lock features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Estate Lock services or websites you visit.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Eighteen
Estate Lock does not knowingly collect personally identifiable information from children under the age of eighteen. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website.
E-mail Communications
From time to time, Estate Lock may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Estate Lock, you may opt out of such communications by clicking on the unsubscribe button or emailing support@EstateLock.com.
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
Estate Lock reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
Estate Lock welcomes your questions or comments regarding this Statement of Privacy. If you believe that Estate Lock has not adhered to this Statement, please contact Estate Lock at:
Estate Lock
7220 Trade Street, Suite 115
San Diego, California 92121
Email Address:
support@EstateLock.com
Telephone number:
(858) 766-2170
Effective as of August 15, 2024
